Cannabis News NORML - It's Time for a Change!
  Justice Kennedy Should Recuse Himself
Posted by FoM on April 22, 2002 at 11:32:04 PT
By Eric Blumenson 
Source: Salon.com 

justice As the New York Times reported it, a recent Supreme Court argument on whether public schools may impose drug tests on their students was "intense and sometimes downright nasty." Before the court was a school district's regulation requiring drug tests of students involved in any extracurricular activity.

Although there was no reason to suspect that the plaintiff, Lindsay Earls, had ever used drugs, she was called out of choir and tested -- specifically, ordered to urinate under a teacher's supervision.

Earls passed, but brought suit against what she believes was an invasion of privacy and an unconstitutional search. It's an important case: Many school districts are expected to institute routine, random drug testing if the court finds it constitutional, and expulsions of students who fail are sure to follow. It could also inflict severe damage on the Fourth Amendment, which for two centuries has protected individuals from searches and seizures unless there is at least some ground to suspect wrongdoing.

"Most surprising," said the Times, "was Justice Kennedy's implied slur on the plaintiffs." The justice imagined a school district with a "drug testing school" and a "druggie school," and told the lawyer representing the Earls family that no parent would send a child to the druggie school "except maybe your client."

This was remarkable in two ways. First, it was indeed a slur: Lindsay Earls had passed the drug test, and her cause was not drugs but the Fourth Amendment. Second, the very irrationality of Kennedy's remarks, coupled with his demeanor -- the Boston Globe described him as red with emotion as he launched his "bitter verbal attack" -- betrayed an uncontainable anger toward a litigant that is entirely absent from Supreme Court arguments on even the most heinous murder cases.

Irrational anger is one kind of prejudice, and a federal law exists to insulate judicial rulings from it. This law requires a judge to "disqualify himself in any proceeding in which his impartiality might reasonably be questioned." As Kennedy himself said in another case, "any judge who understands the judicial office and oath" would insist on his own recusal when his attitude even appears to be less than detached and impartial.

Note: His intemperate remarks in a crucial school drug-testing case clearly betray unacceptable bias.

Source: Salon (US Web)
Author: Eric Blumenson
Published: April 22, 2002
Copyright: 2002 Salon
Website: http://www.salon.com/
Contact: salon@salonmagazine.com

Related Articles & Web Site:

ACLU
http://www.aclu.org/

Why Drug Tests Flunk
http://cannabisnews.com/news/thread12606.shtml

Dealing With Druggies
http://cannabisnews.com/news/thread12402.shtml

Supreme Court Seems Ready to Extend Testing
http://cannabisnews.com/news/thread12293.shtml


Home    Comment    Email    Register    Recent Comments    Help

 
Comment #13 posted by kaptinemo on April 23, 2002 at 09:37:17 PT:

E_J, that's a stunning revellation
E_J said: Are we fighting to save our kids -- or are we fighting our kids?

I have had my thoughts on this for some time. It's pretty obvious when you look at it.

take a look at this (from April 20 of last year; talk about bad karma!):

Bush's new drug czar? http://www.salon.com/politics/feature/2001/04/20/drug_czar/

from the article:

Walters was a coauthor, with (William) Bennett and John DiIulio (who was recently named by President Bush to head the White House Office of Faith-Based and Community Initiatives), of the 1997 book Body Count: Moral Poverty and How to Win America's War Against Crime and Drugs," which warned of a coming wave of "superpredators" and called for longer sentences and more arrests.

more on the subject:

Tough Guys (an eassy review) http://www.prospect.org/print/V8/30/skolnick-j.html

from the article, quoting the book:

America's beleaguered cities," the authors declare, "are about to be victimized by a paradigm shattering wave of ultraviolent, morally vacuous young people some call 'the superpredators.'" They write: "A new generation of street criminals is upon us—the youngest, biggest, and baddest generation any society has ever known." And they predict that the next generation will be even more predatory, with juvenile crime peaking in 2010.

In other words, true to their authoritarian leanings, (non-white) children not residing in private schools and gated communities are vicious animals that can be expected to cut someone's throat by the time they reach adolescence...unless properly 'broken'...the way you do to all domestic animals; bend it to your will. That's the kind of callously coldly mechanistic minds we are dealing with.

Yep, they are scared of the next generation...what they don't realize, of course, is that with every humiliating piss test they seek to ram down children's throats, the anger is rising. These self-proclaimed moral proctors are creating the very situation that they claim others are making.

[ Post Comment ]

 
Comment #12 posted by Morgan on April 23, 2002 at 07:26:34 PT
Maybe...
Man would fain be great and sees that he is little; would fain be happy and sees that he is miserable; would fain be perfect and sees that he is full of imperfections; would fain be the object of the love and esteem of men, and sees that his faults merit only their aversion and contempt. The embarrassment wherein he finds himself produces in him the most unjust and criminal passions imaginable, for he concieves a mortal hatred against that truth which blames him and convinces him of his faults.

—PASCAL, Pensées

[ Post Comment ]

 
Comment #11 posted by Lehder on April 23, 2002 at 05:29:50 PT
review of book on ABUSE
Here is an excerpt from a review of the book Physiology, sociology and murder: a scientist looks at violence in America. It tells us how abuse can physically damage the brain.

Within the category of abuse, I would include continuous 24/7 loud noise through apartment walls and floors from super loud stereos and blaring TV sets, screaming alcoholics and assholes; the imposition of unnecessary war on distant peoples and the daily television broadcast of the carnage to children and adults; schools with imbecilic teachers addicted to delivering corporal punishment to children; the humiliation of piss testing; the glorification of ignorance; and a thousand other brutalizations of the brain which so many Americans proudly and impetuously deliver in the names of whatever hideous gods and principles they hold so dear.

From the review:

What emerges from the study is an overall picture of families and society in disintegration. Some of the figures show the relationship between abuse and the deteriorating social and economic circumstances confronting the vast majority of Americans, and affecting with special force the most vulnerable in society, children. The frequency of physical abuse, sexual abuse and neglect doubled between 1986 and 1993. Child abuse is the fourth leading cause of death for all children aged one to four in the US and the second leading cause for African-American children in that age bracket

Pincus’s description of the brain’s development is fascinating. At birth the brain weighs 400 grams and it continues growing for about three decades, when it reaches 1,100 grams. The impact of the psychosocial environment is a major factor in its development and maturation. This environment affects how the brain is “hardwired.”

The author states, “The biology of the brain is not shaped only by genetic influences. What the brain registers through its sensory systems about the surrounding environment is increasingly recognized as a critical factor that permanently changes the brain by altering its connections.” Synapses that are used during development are the ones that last, while unused synapses disappear or become ineffective.

http://www.wsws.org/articles/2002/apr2002/base-a17.shtml

Well, there's a lot more, and in my opinion the book promises to explains far too much for me to even get started. But I will conjecture that marijuana heals the physical damage done to the brain by abuse of many kinds, at least for those who wish to exercise their synapses. It's no surprise to me at all that Americans, in greater numbers than in any other culture, find cannabis' salubrious properties very beneficial to their lives and general well-being.

Some time ago we sought to make a psychiatric evaluation of the drug war, imagining it as a sick individual rather than an industry. Today, I think we would be at least getting warm with the diagnosis of abusive personality.

This is a useful concept if it tells us how to better deal with the drug war and how to end it more quickly. Reading about abusive relationships among individuals, I learned that one must first not accept the abuse and that a victim who does continue to accept it must discover within himself the reason for the acceptance and correct it.

We're absolutely right in refusing to accept this drug war.

[ Post Comment ]

 
Comment #10 posted by idbsne1 on April 22, 2002 at 16:48:56 PT
old or righteous?
Maybe the old are jealous? Maybe the young are stupid?

I think it has to do with certain people thinking they are better than everyone....or anyone.

How did we get into the predicament of our society being so insecure, yet so self-righteous and proud?

And how did hypocrisy become so acceptable?

IMO, THESE are society's biggest problems....

idbsne1

[ Post Comment ]

 
Comment #9 posted by Sam Adams on April 22, 2002 at 15:51:09 PT
EJ, you've hit on something there
.....the cause of most repressive laws and attitudes are nothing but the old people's envy for the young. Old people are against the young dressing revealingly, because nobody wants to see their ugly ass anymore. They're against teens having sex, because they can't get it up anymore.

I was amazed in college how older people would move into neighborhoods that had been 70% college fraternities for over 100 years, and then complain about noise in the evening. Nothing worse than some crotchedy old people that want to break up the kids' party because they're too old to have fun.

Just think about this case, some cynical old judge verbally bullying a pretty young high school girl. How disgusting. It's common sense to realize where his attitude comes from. he missed the sexual revolution AND the influx of cannabis.

I was always real angry about the drinking age when I was younger - blatant generationalism at work there as well. Many of the conflicts in our society stem from the fact that in a civilized world, the old hold all the power and the young are their servants.

I never thought about it that way, but it's true, envy and jealousy of the young are two more reasons the ruling elite want more power and control over society. We're entering a 1 or 2 decade span where, demographically, the older generation is going to wield unbelievable power and control. Let's face it, that's why we're having so much trouble ending the drug war, society is being governed by the morals of the oldest 20%.

That also explains why in the Establishment's eyes, drug use was OK in the 60's, but now it's grounds to ruin someone's chance a job, school, or living with their family. Because they're too old to do drugs and have fun anymore.

[ Post Comment ]

 
Comment #8 posted by E_Johnson on April 22, 2002 at 15:22:11 PT
Where's Charles Dickens when we need him?
Students being picked out at random and forced to urinate in front of the headmaster...

This is a dire situation that could have fit into the works of Charles Dickens or a Bronte sister...



[ Post Comment ]

 
Comment #7 posted by FoM on April 22, 2002 at 13:50:19 PT
Here is the complete article
Sorry about the mistake. I can't repair this article because the web form is tempermental and has a mind of it's own so I posted the complete article to the archives and here is the link.

Justice Kennedy Should Recuse Himself
http://www.cannabisnews.com/news/thread12610.shtml


[ Post Comment ]

 
Comment #6 posted by E_Johnson on April 22, 2002 at 13:09:54 PT
typo
Okay that's not a common accepted term

Should read:

Okay that's now a commonly accepted term

[ Post Comment ]

 
Comment #5 posted by E_Johnson on April 22, 2002 at 13:06:56 PT
Judith Hermann on war as transgenerational abuse
Back in the early days of the struggle against child sexual abuse, when it was still a movement of radical feminists recovering from the effects of pedophile fathers able to cloak their misdeeds with the mantle pf patriarchal authority -- Judith Hermann wrote an amazing book, some of whose points I think need to be reexamined in the light of the War on Drugs.

Trauma and Recovery is the name of the book, and in this book she links the sufferings of victims of rape, domestic violence and child sexual abuse with the suffering of the survivors of the Vietnam War, under one heading -- Post Traumatic Stress Disorder. Okay that's not a common accepted term and everyone understands it, for the most part.

But her work went farther than that. She examines the importance of the age and power differential in supporting the social decision making systems that leave girls at risk of sexual exploitation by older males -- and send young men off to war, which in history has often happened for no better reason than to fight for the economic interests of older males.

Hermann said that young men and young women have a common problem -- youth is often exploited and preyed upon by those with more age and power.

Now look at the War on Drugs in that context.

Are we fighting to save our kids -- or are we fighting our kids?



[ Post Comment ]

 
Comment #4 posted by Patrick on April 22, 2002 at 12:30:11 PT
Quotes of the day!
We've got to keep sticking it to them until they burn out. The redder and louder they get, the closer to the heart of the madness we're jabbing them. Lehder

If the Catholic Church can't keep pedophiles away from children, then what chance does your local school system have?E_Johnson Right on!

[ Post Comment ]

 
Comment #3 posted by Lehder on April 22, 2002 at 12:20:39 PT
Sock it to 'em
Congratulations to Lindsay Earls for so successfully striking a very sensitive nerve. She passed a drug test and then complained that her constitutional rights had been violated. She passed the drug test and then Justice Kennedy raged about a school district with a "drug testing school" and a "druggie school," and told the lawyer representing the Earls family that no parent would send a child to the druggie school "except maybe your client."

Decades of irrational drug-war propaganda have infused our society with what can only be seen as pure mindless hatred for anything at all remotely connected with cannabis, a beneficial and harmless plant.

People don't get this riled up, yelling nonsequitors and red in the face unless their egos have been attacked - and unless those egos are built on very shaky ground. But they're going to have to find a better way and reason to live.

We have a continuing drug war because so many people, victims of government smear campaigns and propaganda, need the drug war in order to maintain their self-respect and in order to feel good about themselves. When they condemn and persecute others they feel better about themselves.

This is what you'd expect from a dullard, some lout who has so little going for him that he clutches to the baldest of bigotries and bad mouths some good people to bolster his own ego. And now a Supreme Court Justice has fallen victim to the crudest of base instincts, enouraged and nurtured, above all fact and reason, by the US War on Drugs.

...the Boston Globe described him as red with emotion as he launched his "bitter verbal attack" -- betrayed an uncontainable anger toward a litigant that is entirely absent from Supreme Court arguments on even the most heinous murder cases.

And the whole country has gone just as insane as Justice Kennedy with war-on-drugs madness.

We've got to keep sticking it to them until they burn out. The redder and louder they get, the closer to the heart of the madness we're jabbing them.

It's in exactly the same way that Joe McCarthy, yelling and red in the face, exposed himself as a madman, bringing the end to communist witch hunts in a shameful scene of irrationality.

Thank you, Justice Kennedy. Now a few more people can see you and your drug war for what you are.

[ Post Comment ]

 
Comment #2 posted by FoM on April 22, 2002 at 12:13:16 PT
Just a Note
I'm checking now to make sure this is the complete article. If it isn't I will post the complete one.

[ Post Comment ]
 
Comment #1 posted by E_Johnson on April 22, 2002 at 11:59:11 PT
Let's get honest here
Although there was no reason to suspect that the plaintiff, Lindsay Earls, had ever used drugs, she was called out of choir and tested -- specifically, ordered to urinate under a teacher's supervision.

Excuse me for being crude for a minute, but how many pedophiles have already used this image as a fantasy?

This country is insane. In the middle of a national child sexual abuse scandal in the Church, parents are abdicating the sexual privacy of their children to their local school system.

If the Catholic Church can't keep pedophiles away from children, then what chance does your local school system have?



[ Post Comment ]


  Post Comment
Name:        Password:
E-Mail:

Subject:

Comment:   [Please refrain from using profanity in your message]

Link URL:
Link Title:


Return to Main Menu


So everyone may enjoy this service and to keep it running, here are some guidelines: NO spamming, NO commercial advertising, NO flamming, NO illegal activity, and NO sexually explicit materials. Lastly, we reserve the right to remove any message for any reason!

This web page and related elements are for informative purposes only and thus the use of any of this information is at your risk! We do not own nor are responsible for visitor comments. In accordance with Title 17 U.S.C. Section 107 and The Berne Convention on Literary and Artistic Works, Article 10, news clippings on this site are made available without profit for research and educational purposes. Any trademarks, trade names, service marks, or service names used on this site are the property of their respective owners. Page updated on April 22, 2002 at 11:32:04